oe Soap wishes to sell his 1995 BMW325i motor car. He takes the vehicle to Reliable Harry's Auto Dealers on 18 February 2020 and instructs them to sell the vehicle for no less than R80,000.00. The BMW is left at Reliable Harry's Autotraders for about three weeks during which there seems to be no interest in the car. Eventually, on 18 March 2020 a colleague of Joe, Lindiwe Jiyane offers to purchase the car at R70,000.00. Joe informs Harry Smooth, manager of Reliable Harry's Auto Dealers, that he no longer wants Reliable Harry's Auto Dealers to sell the car and that either he or Lindiwe would collect the car the following day. Lindiwe transfers the purchase price to Joe's account

and Joe gives her the spare keys with the express instruction to collect the car at

Reliable Harry's Auto Dealers before close of business the following day. Lindiwe gets

tied up in a major business deal and jets off to Cape Town to secure the deal. She

"forgets" about the car for a whole week. On 23 March, the President declares a

national disaster due to the outbreak of COVID-19 and orders a national lockdown.

Lindiwe is stranded in Cape Town as a result. On 30 March, Lindiwe contacts Joe and

complains that he has her money and she still does not have the car. She tell Joe that

she no longer wants the car and she demands that he refunds her money. Joe refuses

to refund Lindiwe and tells her that it was her own fault for not collecting the car from

Reliable Harry's Auto Dealers. Lindiwe replies that it was impossible for her to collect

the car as she had to fly to Cape Town to secure the business deal.

REAL QUESTION:

Assume that the sale of the car took place in 2017, rather than 2020. Lindiwe paid

R35,000 to Joe and agreed that she would pay the balance by 31 March 2017. Lindiwe

then collects the car from Reliable Harry's. Lindiwe never paid the balance of the

purchase price to Joe. Joe approaches you for advice on 30 June 2020. Can Joe still

claim the payment from Lindiwe?

In terms of the South African Law of Contract.